JADAVPUR UNIVERSITY Vs. SUBHAMOY SINGH ROY

JUDGEMENT

(1.) THE application for amendment of the cause title as allowed. Office is directed to make necessary amendments in the cause title of the appeal.

(2.) WE have heard the learned counsel for the parties, at length. A perusal of the judgment of the trial Court prima facie shows that the trial Court has come to the firm conclusion that the Enquiry Commission has miserably failed to observe two limbs of natural justice, namely Audi Alteram Partem (nobody shall be condemned unheard) and nemo debet esse judexin propria sua causa (nobody shall be judge of his own cause). It is also denied that the order challenged by the petitioner was a non -speaking order bereft of any reasons. These conclusions of the trial Court are based on an elaborate discussion of the factual situation as narrated in the pleadings of the parties. The one man Enquiry Commission came to the following conclusion:

(3.) A perusal of the judgment also shows that the trial Court considered the entire issue on the basis of the law settled by the Supreme Court in a number of landmark judgments. The Trial Court notices -